Referring a case to mediation

Referring a case to mediation. Initiation of the proceedings

Parties may refer their dispute to mediation before or during judicial proceedings. The initiative lies with anyone bearing a legal interest and is involved in a dispute. Then, usually through his lawyer, they get in contact with one of accredited mediators registered with the public directory of the Ministry of Justice Transparency and Human Rights.

The mediator provides the party and his lawyer with general information on mediation (procedure, duration, cost, etc) and confirms that the party intends to initiate the process. The mediator following the party’s consent communicates with the other party (and his lawyer) in order to inform them on the process and on the intention of the other party to initiate mediation proceedings. Similarly, the judge that is entrusted with a case may propose resorting to mediation but the final decision lies with the parties.

The parties agree and jointly select their mediator, place and time of the procedure.  When done, the lawyers inform the mediator that he has been assigned with the case so that he can prepare for the day they all meet together for the actual mediation.